1
B.A.No.205 of 2022
CNR:MHCC02-001063-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.205 OF 2022
IN
(DCB CID C.R.NO.100 OF 2021)
(MALWANI POLICE STATION C.R.NO.1287 OF 2020)
1 Bhatti Rafiqbhai Hasanbhai
Age:46, Occ:Service, Vispara
Fulchhab Colony, Sheri No.3.,
Near Mohammedbhai Bakery,
Morbi, Gujarat:363 461.
2 Asifbhai Sandhwani
Age:26, Occ:Service, 125,
Ramol Nagar, Saleem Bhai
Vadi No Kuvo, Ramol,
Ahmedabad:382 449.

.. Applicants
V/s.
The State of Maharashta
(at the instance of DCB, CID,
Mumbai)
.. Respondent
Appearances:
Adv. Amardeep Bhattacharya for applicants.
APP Abhijeet Gondwal for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 9th March 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
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B.A.No.205 of 2022
the applicant No.1 Bhatti Rafiqbhai Hasanbhai and applicant No.2
Asifbhai Sandhwani in C.R.No.100 of 2021 of DCB, CID,
Mumbai(Malwani Police Station C.R.No.1287 of 2020)for the
offence punishable U/s.395, 392, 420, 120(B), 504, 506 r/w. 34 of
Indian Penal Code(hereinafter referred to as IPC)
2
As per case of the prosecution, FIR is lodged by Yagnesh
Krushnkumar Pandiya on 25/08/2020 that he was facing financial
difficulties. Therefore, he came into contact with co-accused
Jaysingh Rathod and Rajan Dave. They induced him for purchase
of fake currency of Rs.1 Crore against real currency of Rs.15 lakhs.
He agreed for the same and arranged Rs.13 lakhs. As per deal, he
handed over Rs.13 lakhs near Infinity Mall, Link Road, Malad(W).
After taking bag, when another bag was shown to him having Rs.1
Crore fake currency, meanwhile two police persons intervened and
intercepted them. Some of the accused ran away. Fake currency
was also taken by the co-accused.

According to the informant,
those police persons and co-accused as per their plan, induced him
to purchase fake currency of Rs.1 Crore and without providing fake
currency and as per their plan, after taking bag of Rs.13 lakhs, fake
raid was shown and he has been cheated.
3
Learned Adv.Amardeep Bhattacharya for applicants
argued that co-accused namely Shahbaj, Abid and Akram were
arrested and released on bail by the Magistrate on 25/09/2020.
Allegation against the applicant is that he was at the hotel at the
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B.A.No.205 of 2022
time of meeting of deal and deal. He requested to enlarge the
applicants on bail.
4
Learned APP Abhijeet Gondwal opposed the application
and argued that two police persons were suspended and they are
wanted accused.

Co-accused Akram, when he was in police
custody, disclosed that both the accused were also involved in
commission of the offence and at the time of handing over the bag
of Rs.13 lakhs, both accused were at the hotel. Rs.11 lakhs have
been recovered during custodial interrogation of those accused.
There is no recovery from the applicants. It is requested to reject
the application.
5
After hearing both the sides, I have gone through
record. Accused, who were on the spot, were released on regular
bail by the Magistrate’s Court. Allegation against the applicants is
that they were at the hotel and were members of the meeting for
deal. Except statement of the co-accused, there is no other
statement against the applicants. Considering all these facts and
circumstances, I am inclined to allow the application. Hence, I pass
following order.
ORDER
1
Bail Application No.205 of 2022 is hereby allowed.

2
Applicant
No.1
Bhatti
Rafiqbhai
Hasanbhai
and
applicant No.2 Asifbhai Sandhwani in C.R.No.100 of 2021 of DCB,
CID, Mumbai(Malwani Police Station C.R.No.1287 of 2020)for the
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B.A.No.205 of 2022
offence punishable U/s.395, 392, 420, 120(B), 504, 506 r/w. 34 of
Indian Penal Code be released on bail on executing PR bond of
Rs.25,000/- with one or more sureties of the same amount.
3
Applicants to furnish their detailed address, phone
number at the time of furnishing bail.
4
Bail before the Court attending remand.

5
Applicants to attend DCB, CID, Mumbai on every Friday
in between 11.00 a.m. to 2.00 p.m. till further orders.
6
Applicants shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against themselves so as to dissuade him
from disclosing such facts to the Court or to any police officer.
7
Applicants shall not leave India without previous
permission of the Court.
8
Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :09/03/2022.
Gr. Mumbai
Dictated on
:09/03/2022.
Transcribed on :10/03/2022.
Signed on
:10/03/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 10/03/2022.
TIME:03.30 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 09/03/2022.

Judgment/Order signed by P.O. on
10/03/2022.

Judgment/Order uploaded on
10/03/2022.